A Sydney jury describing itself as in a “stalemate” has returned a verdict of not guilty to five counts of child sexual and indecent assault levelled against Mosman swim coach Kyle Daniels, and has been sent away to continue deliberations on another 21 charges.
Mr Daniels, 22, has faced trial in the NSW District Court over allegations he touched nine young girls, aged between 5 and 10, on or near the genitals at Mosman Swim Centre. He pleaded not guilty to 26 charges relating to 23 alleged incidents.
Kyle Daniels outside court on December 8.Credit:James Brickwood
On Thursday, a jury found Mr Daniels not guilty of five of the charges, relating to one of the girls, after deliberating for three hours.
The jurors had earlier informed Judge Kara Shead they were unable to reach a verdict, after considering the evidence for 90 minutes.
After accepting the verdict on the five counts, Judge Shead addressed the jury, noting “you describe yourselves as being at a stalemate.”
“I acknowledge that and I ask you to keep deliberating,” she said.
During the six-week trial, jurors were played police interviews of the nine young girls and pre-recorded videos of the girls giving evidence in court. Other witnesses included their parents, police, experts, and workers from Mosman Swim Centre.
Mr Daniels was one of the final witnesses, telling the court the crimes “did not happen”. He said he did not push any student on the vagina, which three girls alleged, never put his hand inside the swimmers of any student, and touched no child on or near the genitals.
Crown prosecutor Karl Prince said those denials should be rejected.
Mr Prince said in a closing address Mr Daniels “opportunistically engaged” in a pattern of offending behaviour “despite the high risk of being caught”, and he did so “for his own sexual gratification.”
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Georgina Mitchell is a court reporter for The Sydney Morning Herald.
Jenny Noyes is a journalist at the Sydney Morning Herald.
Angus Thompson is an Urban Affairs reporter for The Sydney Morning Herald.
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2020-12-17 02:46:00Z
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